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WARD / COUNCILMEMBER: Ward 5 / Susan Wilkinson
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Title
Public Hearing - V21-046 - Allow new construction on lot of record below minimum lot size requirements - Land Lot 304 - 436 Smyrna Powder Springs Road - AOS 454 Land LLC
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ISSUE AND BACKGROUND: The applicant is requesting to build a new single-family home at 436 Smyrna Powder Springs Road on a substandard lot. Section 1208 requires a variance to build on a lot of record below minimum lot size requirements.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting to deviate from the City’s minimum lot area requirement established for the R-15 Zoning District. According to Section 1403 of the Zoning Ordinance, variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. Community Development has reviewed the request against the variance review standards and found it to be in compliance with the four (4) standards and believes that the variance will not adversely affect surrounding residents. Therefore, staff recommends approval of the requested variance with the following condition:
1. Approval of the requested variance shall be conditioned upon the development of the property in substantial compliance with the site plan and elevations submitted with the variance application.